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Articles 1 - 30 of 39
Full-Text Articles in Law
Automobiles - Husband's Liability For Wife's Negligence While Driving Family Auto - "Family Errand" And "Family Purpose" Doctrines - Illinois Rule, Michigan Law Review
Automobiles - Husband's Liability For Wife's Negligence While Driving Family Auto - "Family Errand" And "Family Purpose" Doctrines - Illinois Rule, Michigan Law Review
Michigan Law Review
Plaintiff's automobile was damaged by collision with an automobile belonging to the defendant while being driven by defendant's wife who was on an errand to purchase a twenty-five cent Hallowe'en party dress for her daughter. The accident was caused by the negligence of the defendant's wife. The defendant, his wife, and their child were living together, and the wife's sole income was derived from her husband, and from this she was to provide clothing and meet other expenses for the child. The circuit court gave judgment of damages to the plaintiff and the defendant appeals. Held, the plaintiff could …
Negligence - Application Of Res Ipsa Loquitur Doctrine, Edmond F. De Vine
Negligence - Application Of Res Ipsa Loquitur Doctrine, Edmond F. De Vine
Michigan Law Review
Plaintiff was passing under defendant's elevated railway structure when a small particle of steel coming therefrom dropped into his eye. In his suit for damages plaintiff relied on the application of the doctrine of res ipsa loquitur to make out a prima facie case for him. Held, the rule of res ipsa loquitur cannot apply to help plaintiff on such facts. Riles v. Murray, (N. Y. Cty. Ct. 1939) 12 N. Y. S. (2d) 648.
Torts - Assumed Risk In Bleachers Of Baseball Park Where There Is No Choice Of Protected Seats, Jerome J. Dick
Torts - Assumed Risk In Bleachers Of Baseball Park Where There Is No Choice Of Protected Seats, Jerome J. Dick
Michigan Law Review
Plaintiff sued for injuries sustained when struck by a foul ball at a baseball game while seated in the unprotected bleachers of the municipal baseball park. Held, the fact that there was no choice of protected seats in the ball park would not justify the recovery against the defendant, for the plaintiff, while seated in these unprotected bleachers, assumed this risk which was reasonably incidental to the game of baseball. Adonnino v. Village of Mount Morris, 171 Misc. 383, 12 N. Y. S. (2d) 658 (1939).
Charities - Torts - Liability Of Charitable Corporations For Their Torts, Raymond H. Rapaport
Charities - Torts - Liability Of Charitable Corporations For Their Torts, Raymond H. Rapaport
Michigan Law Review
Plaintiff was employed by defendant to assist in the work of redecorating defendant's building, and was injured because of defendant's alleged failure to provide a suitable place to work. To plaintiff's plea for damages defendant answered that since it was a charitable corporation it was, therefore, immune from such action. Held, charitable corporations are not immune from liability for torts by reason of any exemption accorded them on the basis of the purposes for which they were incorporated. Gable v. Salvation Army, 186 Okla. 687, 100 P. (2d) 244 (1940).
Insurance - Exclusionary Clauses - Death Due To Violation Of The Law By The Insured, Robert A. Solomon
Insurance - Exclusionary Clauses - Death Due To Violation Of The Law By The Insured, Robert A. Solomon
Michigan Law Review
When a person carrying a life or accident insurance policy dies as the result of an act committed by him in violation of the law, the beneficiaries may or may not be precluded from recovering upon it. In the absence of a special exclusionary clause, the general view is that the beneficiary may recover. However, if it appears that at the time the insured took out the policy he intended to commit a crime recovery is barred, at least if the death occurred within the contestability period. In order to delimit from the general coverage provisions the risks that would …
Scope Of The Business: The Borrowed Servant Problem, Talbot Smith
Scope Of The Business: The Borrowed Servant Problem, Talbot Smith
Michigan Law Review
If your client wants to erect an office building he may be advised of the cost within narrow limits. The necessary expenditure will be X dollars plus Y lives or limbs. If his talents take the turn of bridge construction similar computations may be made. To carry forward to completion either of these projects he must use materials of various kinds, and he must use men. The expenditure of the human, animate, material is as inevitable as the expenditure of the inanimate. With increased care and skill the curve of expenditure of the human material will approach the asymptote of …
Carriers - Gratuitous Pass - Limitation Of Liability, John L. Rubsam
Carriers - Gratuitous Pass - Limitation Of Liability, John L. Rubsam
Michigan Law Review
Appellee was traveling between Louisville and New Orleans on a gratuitous pass issued to her by reason of being the mother of a conductor employed by the Missouri-Pacific lines. The pass contained the following condition: "The person accepting and using it thereby assumes all risk of accident to person or property." Appellee had signed: "I accept the above conditions." The train gave a slight jerk due to coupling onto other cars, causing appellee to fall and sustain the injuries for which she sues. Held, where a passenger using a free interstate railroad pass agreed to assume the risk of …
Negligence - Contributory Negligence As A Defense To Charge Of Nuisance, Benjamin W. Franklin
Negligence - Contributory Negligence As A Defense To Charge Of Nuisance, Benjamin W. Franklin
Michigan Law Review
Defendants were engaged in excavation work, which required the use of compressed air. The air was conducted from a compressor in the street across the sidewalk through a two-inch pipe. A permit had been obtained for crossing the sidewalk (but apparently there was some question as to whether its terms included crossing by the use of a pipe). This obstruction was flanked by two planks, two inches thick and twelve inches wide, beveled away from the pipe. One of the planks became tilted. Plaintiff stepped on it and it slipped under her weight, causing her to fall. In an action …
Unfair Competition - Truthful Disparagement Of A Trader's Reputation, W. Wallace Kent
Unfair Competition - Truthful Disparagement Of A Trader's Reputation, W. Wallace Kent
Michigan Law Review
Plaintiff sued for treble damages under the Anti-Trust Act, alleging that the defendants had conspired and combined to drive him out of the securities business. Plaintiff alleged that to accomplish their purpose the defendants published statements as to plaintiff's "criminal record." The facts are not clear, but it appears from the report that the crimes in question were committed twenty years previously, during plaintiff's youth. The trial court instructed the jury that "if that information was true [as to plaintiff's criminal record], the Better Business Bureau, regardless of its purpose in disseminating the information, would not be liable, is not …
Damages - Contracts - Recovery For Mental Suffering, G. Randall Price
Damages - Contracts - Recovery For Mental Suffering, G. Randall Price
Michigan Law Review
Plaintiff bought a loaf of bread at defendant's bakery. After she had eaten half of one of the slices, plaintiff discovered a dead cockroach near the upper crust of the bread whereupon she became ill and suffered serious emotional disturbances. Held, no recovery for mental suffering arising out of breach of an implied warranty of wholesomeness. Wheeler v. Balestri, (Mass. 1939) 23N.E. (2d) 132.
Torts - Liability Of Manufacturer Of Chattel - Dangerous Non-Defective Articles, Michigan Law Review
Torts - Liability Of Manufacturer Of Chattel - Dangerous Non-Defective Articles, Michigan Law Review
Michigan Law Review
The defendant manufacturer sold a storekeeper, as a protective weapon, a tear gas gun made to resemble a fountain pen, recommending to the storekeeper that the gun lie open and exposed in his shop and representing that tear gas was a harmless irritant and would not injure permanently. The plaintiff, a customer in the store, idly picked up the gun-pen from beside the cash register, and while examining it, ignorant of its nature, accidentally discharged it into his face. Permanent injuries resulted for which plaintiff sued defendant, claiming negligence. Held, two justices dissenting, that no act of negligence was …
Another New Tort?, Paul A. Leidy
Another New Tort?, Paul A. Leidy
Michigan Law Review
During the past two years there have come suggestions of at least two new torts: intentional infliction of mental suffering, and radio defamation. The ease with which the decision in Baxter v. Ford Motor Company has caught on, especially with legal scholars and with at least one American court, suggests that we may soon have to add a third. This one, however, will be more difficult to label, for the writers who applaud the result seem to be in almost complete disagreement as to the principle of the case; there are already several explanations and justifications for the liability imposed …
Master And Servant -The Filling Station Operator As An Independent Contractor, William F. Andersen
Master And Servant -The Filling Station Operator As An Independent Contractor, William F. Andersen
Michigan Law Review
Under the press of modern concepts of responsibility of business units it becomes necessary to re-examine the relation between the corner filling station and the big oil company that uses it as a means of getting its products before the consuming public. The factual situation is usually this: the operator may own the station, or may lease it from the oil company; the oil company invariably owns the equipment, such as gas pumps, tanks, and tank trucks, which it leases to the operator; by a sales contract the operator binds himself to sell only the petroleum products of the oil …
Securities Legislation - Civil Liabilities On Account Of False Registration Statement - Limitations Of Actions - Licenses, Michigan Law Review
Securities Legislation - Civil Liabilities On Account Of False Registration Statement - Limitations Of Actions - Licenses, Michigan Law Review
Michigan Law Review
Plaintiff, purchaser of stock in Condor Pictures, Inc., brought an action against the officers of the corporation and the auditors who certified the registration statement, to recover damages under section II of the Securities Act of 1933. The action was founded upon misrepresentations and omissions in the registration statement, concerning a lease made by Condor Pictures, Inc., which the auditors failed to set up as a contingent liability. The defendants at the time of the suit stipulated that the stock had no market value, but the plaintiff did not offer any evidence of the actual value of the stock beyond …
Torts - Liability Of Manufacturer Of Poison To Remote Users, Michigan Law Review
Torts - Liability Of Manufacturer Of Poison To Remote Users, Michigan Law Review
Michigan Law Review
Defendant manufacturer sold poisonous hair dye to a beautician, instructing her to warn patrons to keep their eyes closed when the dye was being applied. The beautician failed to so inform the plaintiff, a patron, and the plaintiff suffered injuries for which she now sues. Held, the manufacturer's warning to the immediate vendee did not relieve him of liability to vendee's patron. Petzold v. Roux Laboratories, 256 App. Div. 1096, 11 N. Y. S. (2d) 565 (1939).
Negligence - Injury From Bodily Movement Of Sleeping Defendant, Michigan Law Review
Negligence - Injury From Bodily Movement Of Sleeping Defendant, Michigan Law Review
Michigan Law Review
Defendant, while asleep on the rear seat of the automobile driven by plaintiff, kicked the back of the front seat, thereby throwing plaintiff forward and causing plaintiff to lose momentary control. Plaintiff brought this action for injuries sustained when the car crashed into a culvert. Held, the trial court properly instructed the jury that defendant was entitled to a verdict if he was asleep at the time he kicked the front seat. The supreme court stated, "fundamentally to create liability for an act alleged to be negligent, it must be shown to have been the conscious act of a …
Death By Wrongful Act - Effect Of Recovery By Plaintiff's Intestate, Jerome J. Dick
Death By Wrongful Act - Effect Of Recovery By Plaintiff's Intestate, Jerome J. Dick
Michigan Law Review
The decedent recovered from defendant a judgment for personal injuries which was satisfied during deceased's lifetime. Six months later the deceased's death was caused by these same injuries. This action was brought by plaintiff as next of kin to recover damages for the wrongful death under the New York Wrongful Death Act. Held, the judgment recovered by plaintiff's intestate is a bar to this action notwithstanding the enactment of survival statutes which sweep away the rule that an action for personal injuries abates on the death of the injured party or wrongdoer. Fontheim v. Third Avenue Ry., 257 …
Torts - Negligence - Duty Of Owner Of Place Of Public Amusement To Protect Against Criminal Acts, Michigan Law Review
Torts - Negligence - Duty Of Owner Of Place Of Public Amusement To Protect Against Criminal Acts, Michigan Law Review
Michigan Law Review
Plaintiff as patron of defendant's theater, while in the ladies' room located on one of the top floors of the theater, was assaulted and robbed. The testimony for the plaintiff showed an absence of attendants except on the main floor. At the end of the plaintiff's case the complaint was dismissed. Held, non-suit was erroneous; there was evidence from which the jury could infer that the defendant should reasonably have anticipated the happening of the incident and had failed to take reasonable precautions to guard against it. Hart v. Hercules Theatre Corp., (S. Ct. 1939) 13 N. Y. …
Death By Wrongful Act-Prior Death Of Wrongdoer, Michigan Law Review
Death By Wrongful Act-Prior Death Of Wrongdoer, Michigan Law Review
Michigan Law Review
Plaintiff sued for her intestate's death and conscious suffering negligently caused by defendant's intestate in an auto collision in New York. The trial judge directed a verdict for defendant on the theory that there was no evidence that defendant's intestate was still alive at the moment plaintiff's intestate was injured, and therefore no evidence of any cause of action, arising against the former in his lifetime, which could survive his death. Held, exceptions to the directed verdict overruled since the applicable New York death and survival statutes do not provide for the continuance of a cause of action which …
Libel And Slander - Charging Physician With Lack Of Skill In Particular Case, Michigan Law Review
Libel And Slander - Charging Physician With Lack Of Skill In Particular Case, Michigan Law Review
Michigan Law Review
Plaintiff, a practicing physician, sued to recover damages for an alleged libel committed when defendant falsely published in its newspaper an article stating that plaintiff examined a prisoner in the city jail, diagnosed his condition as "alcoholic paralysis," and ordered his removal to a city hospital, and that a post mortem disclosed that the prisoner's neck was fractured. Held, that to charge a physician with having made a wrong diagnosis in a particular case is not actionable per se, and since there is no allegation of special damage, there can be no recovery. Blende v. Hearst Publications, Inc., …
Torts- Death As A Result Of Worry Over Libel-Survival Of Actions - Legal Cause, Edmund R. Blaske
Torts- Death As A Result Of Worry Over Libel-Survival Of Actions - Legal Cause, Edmund R. Blaske
Michigan Law Review
Plaintiff, administratrix of her husband's estate, brought an action against defendant newspaper to recover damages for the death of her husband, which she claimed resulted from worry over an alleged libel that defendant published. The trial court sustained defendant's demurrer to the declaration and plaintiff appealed. Held, since the "survival statute" does not preserve actions affecting character, the libel abated with the husband's death; and since mental anguish, worry, fear and loss of health are the several results of the wrongful act of libel, they cannot be made the basis of a new cause of action. Judgment for defendant …
Fraud - Negligent Misrepresentation - Liability Without Fault - Contributory Negligence As A Defense, Roy L. Rogers
Fraud - Negligent Misrepresentation - Liability Without Fault - Contributory Negligence As A Defense, Roy L. Rogers
Michigan Law Review
Plaintiff purchased a pearl necklace from the defendant. In a suit for fraud, plaintiff alleged that the defendant had misrepresented the quality of the necklace and his own expert ability. Before purchasing, plaintiff had secured the services of another expert. The trial court found that there was no reliance by the plaintiff on the defendant's misrepresentation and that the plaintiff was guilty of contributory negligence. Held, by the trial court, (1) that lack of reliance barred recovery for fraud; (2) that contributory negligence barred recovery for negligent misrepresentation; and (3) that if New York courts recognize a liability without …
Torts - Joint Tortfeasors - Husband And Wife - Torts Between Spouses - Immunity Of Third Persons, Michigan Law Review
Torts - Joint Tortfeasors - Husband And Wife - Torts Between Spouses - Immunity Of Third Persons, Michigan Law Review
Michigan Law Review
Plaintiff sued defendants, including plaintiff's husband, for jointly causing a false charge of adultery to be made against plaintiff in a divorce suit. The defendants' demurrer to the complaint was sustained in the trial court as to each and all of the defendants. Held, that although plaintiff's husband was immune from liability, a cause of action had been made out against all the rest of the defendants, and the judgment in their favor was reversed. Ewald v. Lane, (App. D. C. 1939) 104 F. (2d) 222.
Conflict Of Laws-Public Policy Of The Forum A Bar To Wife's Action Against Husband For Negligent Injury, Oscar Freedenberg
Conflict Of Laws-Public Policy Of The Forum A Bar To Wife's Action Against Husband For Negligent Injury, Oscar Freedenberg
Michigan Law Review
Husband and wife were residents of state A, in which a personal tort action between the spouses was not recognized. The wife sued in state A for injuries sustained by reason of her husband's negligent operation of an automobile in state B. Notwithstanding the wife had a right of action under the lex loci delicti, held, that the public policy of the forum is an effective bar to an action by the wife against her husband for personal injuries. (In the record of the case it appears that the defendant in interest was an insurance company.) Kircher …
Evidence - Negligence - Res Ipsa Loquitur - Duty Of Occupier Of Land To Users Of Adjoining Highway, Michigan Law Review
Evidence - Negligence - Res Ipsa Loquitur - Duty Of Occupier Of Land To Users Of Adjoining Highway, Michigan Law Review
Michigan Law Review
While seated in his car waiting for a traffic light to change, plaintiff was injured by the precipitation of debris caused by an explosion within the remaining walls of a building which defendant and his servants were razing. During the wrecking operations masses of bricks occasionally fell on a roped-off portion of the sidewalk under which ran two pipes through which gas was delivered to the building. After defendant's servants detected the escape of gas, the gas company removed the meters and plugged the pipes in the cellar. Gas continued to escape, and defendant was informed of its presence by …
Negligence - Violation Of A Statute As Negligence Per Se -- Type Of Harm Prevented And Class Of Persons To Be Benefited, Michigan Law Review
Negligence - Violation Of A Statute As Negligence Per Se -- Type Of Harm Prevented And Class Of Persons To Be Benefited, Michigan Law Review
Michigan Law Review
Plaintiff's automobile was damaged when it collided with a horse belonging to the defendant. The animal's running at large upon the highway claimed to be in violation of a statute which required owners of stock and domestic animals to restrain and prevent such animals from running at large. Held, the purpose of the statute is to protect agricultural crops from the ravages of straying animals, and not to protect motorists on the highway; therefore, the plaintiff is not of the class of persons sought to be protected by the statute, nor his injuries of the type sought to be …
Torts - Liability Of Manufacturer Or Supplier Of Defective Chattel - Limitation According To Type Of Harm, Michigan Law Review
Torts - Liability Of Manufacturer Or Supplier Of Defective Chattel - Limitation According To Type Of Harm, Michigan Law Review
Michigan Law Review
Defendant manufactured a type of building lath which was represented to the trade as "practical and satisfactory" and as "a sufficient and superior base for plaster on walls and ceilings in building construction." These laths were sold through another defendant, a supply company, to the plaintiffs, who were builders and owners. The laths were defectively constructed and would not retain plaster after installation. Consequently, the plaintiffs were compelled to remove the plaster and to purchase and install different laths at a high expense. Plaintiffs sued both the manufacturer and the supplier for the damages sustained. Held, a motion for …
Torts - Infants - Immunity Arising From Family Relationship, Michigan Law Review
Torts - Infants - Immunity Arising From Family Relationship, Michigan Law Review
Michigan Law Review
Plaintiff, a twelve year old boy, was injured in an automobile accident by the admitted negligence of defendant, his sixteen year old sister. Neither child had a separate estate, both were unemancipated, unmarried, and were living at home with their parents. Held, plaintiff could recover. Rozell v. Rozell, 256 App. Div. 61, 8 N .Y. S. (2d) 901 (1939), affd. (N. Y. 1939) 22 N. E. (2d) 254.
Torts - Duty - Liability Of Abutting Property Owner To One Who Falls On Ice, Robert A. Solomon
Torts - Duty - Liability Of Abutting Property Owner To One Who Falls On Ice, Robert A. Solomon
Michigan Law Review
After having made some purchases in defendant's store, plaintiff fell on the ice and snow covering the walk in front. Alleging that the defendant had negligently cleaned the walk by leaving ridges of snow which melted and froze, forming an uneven surface, the plaintiff and her husband brought actions against the defendant store owner to recover for the injuries sustained. The lower court directed a verdict for the defendant. Held, the plaintiff could not recover because the defendant did not owe a duty to her. Therrien v. First Nat. Stores, Inc., (R. I. 1939) 6 A. (2d) 731.
Torts - Right Of Privacy - Radio Broadcasting, Michigan Law Review
Torts - Right Of Privacy - Radio Broadcasting, Michigan Law Review
Michigan Law Review
Plaintiff, a chauffeur, had been the victim of a hold-up and shooting, suffering serious injury. Defendant sponsored a radio broadcast in which plaintiff's name was used dramatizing the affair. On hearing the broadcast, plaintiff sued in tort alleging that he suffered mental anguish and physical shock which resulted in impairing his ability to drive and caused him to be discharged from his job. Held, defendant's motion to dismiss denied, as plaintiff had stated a cause of action for invasion of a right of privacy. Mau v. Rio Grande Oil, Inc., (D. C. Cal. 1939) 28 F. Supp. 845.